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  • susie
    06-22 10:42 PM
    CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS

    Posted on: 6/20/2008

    FOR IMMEDIATE RELEASE

    Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.

    Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.

    �This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.

    The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.

    Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�

    �It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.

    The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.





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  • Michael chertoff
    05-05 07:54 AM
    I don't get it.. I do congratulate him for getting GC but how come he become hero after getting GC ? He said he is with IV even longer than Pappu but didn't mention what he did for IV ?

    Dont fight bro. i will tell Pappu.

    MC





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  • GCNirvana007
    09-01 11:41 PM
    So you made it...........great news......just a day back we were in the same boat and ttoday many have made it to the shore ......I really feel happy for you guys.......i know in the long run and scheme of things we spend too much time on little things.....

    I guess my planets are not aligned properly.....or may be Rahu has entered Ketu....

    Oh How I wish to send you guys that coveted titled mail.......

    My wife tells me if you get it anyone can get it.....ofcourse she is exasperated.....but it is true if i get it I guess the whole EB2 backlog will be clear till Jan 05 ....

    Cheers

    Another day in paradise....

    SoP

    Honestly i really want you to get it, dont worry we got 29 more days.





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  • pappu
    12-26 02:40 PM
    I just invited 5 guys to join in - One of them became a member today - handle: catfish.
    Thank you



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  • peer123
    06-13 11:18 PM
    Well it is worse than you thought.

    People who haven't even started their green card process yet can buy a labor from any bodyshop, use it to file their 140 and 485 concurrently and get a foothold in the great american GC mela. Howzaat.

    I am not negative if I say --- most IV member want to change job--- frustration with status co may be... --- feeling exploited... --- may be....





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  • mbartosik
    05-20 03:51 PM
    I called them this morning (I had other commitments earlier).
    It was good to hear that they are now very aware of these bills.
    Nearly all used the ploy "Where are you from?", to screen out those who are not from their district, but politely noted the call in their logs.
    It was also good to be able to say that I had already spoken with my Congressman on the subject (because that's where they expect you to go first).
    I've spoken with a lot of law maker's aids, and this ("where are you from?") is a ploy that is typically used when they have a high volume of calls. I would take that as a good sign.



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  • vicks_don
    01-18 04:49 PM
    Subscription#S-3LA69859T7548764X





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  • GCNeophyte
    07-14 10:38 AM
    To provide some hope to fellow EB3 I filers... USCIS's magic work two of our colleagues with EB3 I, got greened while PD was in "U" status. I am sure some you witnessed same.

    1- 2008 (PD: 2002)
    1- 2009 (PD: 2003)



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  • file485
    05-15 12:10 PM
    you didnt understand my question. I do not have a birth certificate at all. in this case, what document should I use? thats the question.

    having a birth certificate is mandatory...this document will prove that you belong to a particular country and fall into that country limit etc...

    regarding not having the name on the birth certificate one of the attorney said that USCIS is aware that some countries issue birth certificates without names and so it is okay with the parents name and 2 persons who(around our parents age) can notarize saying that we r our parents child is good enough..





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  • doknek
    05-06 09:46 AM
    How many more do we need to start acting on the issue?



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  • willwin
    10-12 03:59 PM
    BharatPremi Please tell me I am wrong! i collected some data... and just by looking at it... it seems like EB3 will move very very slowly not as per your prediction! I m not a stats guru perhaps you or anyone who is a stats guru can shed some light here!

    What is your EB3-India PD (I-485 either pending, or not yet filed)
    http://immigrationvoice.org/forum/showthread.php?t=6203

    Total Applicants (that voted) = 206
    _______________
    % distribution
    _______________
    43.21% 2001/2002/2003
    25.25% 2004
    16.51% 2005
    13.59% 2006
    1.46% 2007
    _______________

    Total Visa available / country = 140000/7% = 9800 in a year
    Keep aside 10% for other categories, so 90% available for EB2 and EB3
    9800 - 980 = 8820 total available for India EB2/EB3
    50-50 between eb2 eb3 (assumption - probably a bad assumption)
    4410/year available for EB3?

    (This is where it really gets tricky!)
    ASSUMPTION -
    Approximate Indian EB3 Applications
    Total Indian applicants / 2 (50-50 between eb2 and eb3)
    Total 200k (low estimate) so EB3 100k approx
    + 100k Dependants = 200k Total EB3

    Year 2001/2002/2003 = 43.21% = 46286

    Number of years to clear off Backlog (2003 and prior) = 46286/4410 = 10 1/2 years

    Up until 1/5/2007 PD was stable at around 5/8/2001

    I think EB3 movement will be very slow based on above calculations

    EDIT: Even if Unused Visas get funneled down to EB3 India > cut the time in 1/2 still looks like 4-5 years to clear EB3 < 2003

    Does this sound right?

    __________________________________________________ ______
    VB History (Since Retrogression)
    Year - Priority Date
    1/12/2004 - C
    1/1/2005 - 1/1/2002
    1/2/2005 - 1/1/2002
    1/3/2005 - 3/1/2002
    1/4/2005 - 4/1/2002
    1/5/2005 - 6/1/2002
    1/6/2005 - 6/1/2002
    1/7/2005 - U
    1/8/2005 - U
    1/9/2005 - U
    1/10/2005 - 1/1/1998
    1/11/2005 - 1/1/1998
    1/12/2005 - 1/1/1999
    1/1/2006 - 6/1/1999
    1/2/2006 - 1/1/2000
    1/3/2006 - 1/1/2001
    1/4/2006 - 2/1/2001
    1/5/2006 - 3/1/2001
    1/6/2006 - 4/8/2001
    1/7/2006 - 4/15/2001
    1/8/2006 - 4/1/2001
    1/9/2006 - 4/15/2001
    1/10/2006 - 4/22/2001
    1/11/2006 - 4/22/2001
    1/12/2006 - 4/22/2001
    1/1/2007 - 5/8/2001
    1/2/2007 - 5/8/2001
    1/3/2007 - 5/8/2001
    1/4/2007 - 5/8/2001
    1/5/2007 - 5/8/2001
    1/6/2007 - 6/1/2003
    1/7/2007 - C
    1/8/2007 - U
    1/9/2007 - U
    1/10/2007 - 4/22/2001
    1/11/2007 - 4/22/2001
    ___________________________


    Let me start saying that I am not 'stats guru' either.

    My simple way of looking at it is the way it happened in June-July 2007. Why did they open the gates? To use up the VISA numbers for the FY.

    What can they do to do the same this year? Open it again (may not make it current but to the extent they can use 140000 by Sep 30 2008).

    As most 485 applications will notbe processed for another 6-9 months (among Jun-Aug filers), dates will move forward (may become current as well) and whoever has their 485, name check processed will get their GC besides all pending at CP.

    They definitely do not have 140000 processed, name-check-completed 485 applications at hand. Hence dates will move.





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  • snathan
    05-14 11:22 PM
    This is a good idea.

    We need help to draft the letter from IV core/admin or any senior guys. Not sure what to pun in that. Any help would be appreciated.



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  • felix31
    06-05 11:40 AM
    any news...anyone:(





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  • amitjoey
    07-11 07:19 PM
    stop this stupidity please

    Please correct us if you feel it is wrong to send the letter typed below:
    All we are writing is:

    Template

    Dear Senator
    I am a highly-skilled professional who entered this country legally. I’ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were unavailable (“retrogressed”) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be “current” for the month of July. This meant, irrespective of our “priority date” (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This “priority date” refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.



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  • gconmymind
    01-03 04:43 PM
    Gurus,

    I have a slightly complicated situation. All your suggestions are welcome.

    I am on H1B with 485 filed. My wife is on H4, without 485 filed. My H1B and her H4 expires around end of March. She has an approved 797 (she will either need to apply COS or go out and enter on H1B visa) and her employer will begin her H1B proceedings hopefully before end of January.

    I am thinking of applying for my H1 extension next week, without applying for her H4 extension at this time. If, in the next few weeks her H1B COS is not filed, I am planning to then file her H4 renewal.

    Do you see any problems with this approach? Do you have a better idea?

    thanks for all your help!!





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  • needhelp!
    09-19 09:13 AM
    sw33t, texanmom, thescadman, nagaraj, mundru, macaca, paskal, pdakwala, ashish, pappu, drona, franklin, paskal, janils, ARC
    Kanika, Meenal, Sumita, Vandana, Vijay, Akhil, Ashish, Sapna, Preeti, Atmaja, Sonali, Sujata, Dhiren, Sejal, Prasad, Arun, Venky, Gopal, Jane, Kaushal oh my GOD I am surely forgetting a ton of others (and I can't match them with thier IV handles).. California's huge contingent was so great!!
    abhijitp, chanduv, Aman and logiclife, well they have already been household figures around my place, and it was great to see them in action.

    Please PM me and remind me if I met you, I really really WANT to remember. Overwhelmed by the warmth and cameraderie of the whole group.

    Jaime, Libra, 485_se_dukhi, digital2k are there any pictures where I can spot you?



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  • shantak
    08-16 07:08 PM
    I have e-filed on May 22
    FP done on 06/17
    LUD on 07/22
    No updates later .

    I have an infopass appt on Aug 19 as I pass my 90 days .Can you please tell us your Infopass experince ? Hopefully this would help me and others in similar situation.

    Hey indian111, see my previous posts for the infopass exp. Just to give you a gist, it was a useless appointment. They did not offer me any kind of help. After reading through different forums, I have noticed that there were quite a few CPO emails yesterday for people filed within the same time frame. So I think the infopass appointment did not in any way impact the decision. This is just my assumption.
    But I would definitely have the infopass done and then go to the local congressman or senator office to get things resolved.
    That was my original plan too. I never expected miracles to happen with the infopass appointment. That would have just given me an additional proof on my part to show that I was diligent in getting the issue resolved
    Let me know if you need more details and I will be happy to provide them.





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  • Totoro
    03-21 08:20 AM
    Hi Totoro, if you would like any or many of us to accompany you to your meetings for bigger impact - you can let us know, we will be happy to fly down even from CA to DC and meet up with the law makers.

    Good luck to us!

    Thanks for the offer, but this is just a preliminary meeting for me to meet some of the people I have worked with over the past year via phone and email. However, since these people have some influence, I also wanted to discuss with them some of the more important issues facing skilled immigrants. I will mention the idea of meeting with more people in the future. I think it is important for them to be more in touch with those who are affected by immigration policies. My sense is that many of them don't understand the issues very well.





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  • vicks_don
    12-16 02:47 PM
    mr_dasari, prathapmd

    Thanks





    logiclife
    12-13 01:43 PM
    Administrator,

    Can you please make this a sticky?

    Thank you.
    Neelu

    I have made the thread sticky. Thanks for taking this initiative.





    leonqiu
    12-26 06:34 PM
    I added the IV link to wenxuecity.com which has a very popular Chinese immigration forum. Hope it can draw more members to IV.

    Happy holidays and good luck to my fellow members!!



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